Intestate Law
INTESTATE LAW – SOLICITORS IN BRENT
What are intestacy rules?
Intestacy rules apply where a person dies without a valid wills. The deceased is said to have died intestate. The rules exist to govern how the assets of the deceased (‘the estate’) should be divided. As the rules may not distribute the estate in a manner you would like, it is absolutely essential to make a will and check its validity with a wills and probate solicitor.
What is the difference between full and partial intestacy?
In cases of full intestacy, the deceased dies without making a valid will. In partial intestacy, the deceased has a will, but the will does not apply to the entire estate. Intestacy rules will apply to the portion of the estate not mentioned in the will.
How can I avoid partial intestacy rules?
When making a will, it is important to remember to cover as many assets as possible. If you cannot decide on how all your assets will be divided, you can leave ‘residuary gift’ in your will. A residuary gift will distribute the remaining assets to persons named in the will.
What are statutory trusts?
Aside of spouses, parents and grandparents, any other surviving persons entitled to inherit the deceased estates will inherit subject to the terms of a trust. The beneficiaries under the trust will have an equal interest.
What are the intestacy rules for a married person with children?
The surviving spouse is entitled up to £250,000 and any personal possessions left behind. The children will be entitled to anything remaining. Half of this remainder will go to children aged 18 or any children from a previous marriage. If the children are aged below 18, the other half will be held for them on trust during the surviving spouse’s lifetime.
What are the intestacy rules for a married person with no children?
The surviving spouse will be entitled to receive up to £450,000. Any remainder will be divided into two. One half will go to the surviving spouse and the other will go to the parents. If there are no surviving parents, then it will go to brothers or sisters or nieces and nephews.
What are the intestacy rules for a married person with no surviving parents, children siblings or nephews or nieces?
The whole estate will go to the surviving spouse.
What are the intestacy rules for an unmarried person with children?
The estate will go to children aged 18 or be held on trust for any children below that age.
What are the intestacy rules for an unmarried person with no children?
If there any surviving parents, the estate will go to them If there are no parents, the estate will be inherited in the following order:
- Siblings
- Half-siblings
- Grandparents
- Uncles and aunts
- Uncles and aunts of half blood
If none of the above class of persons exists or can be found, the estate will go to the Crown.